Agreement on legal support of forming of the Customs union and Common economic space

of October 26, 1999

The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan which are hereinafter referred to as with the Parties

pursuing the aim of legal support of realization of provisions of the Agreement on deepening of integration in economic and humanitarian areas of March 29, 1996 and the Agreement on the Customs union and the Common economic space of February 26, 1999,

expressing will and determination to strengthen the legal basis of integration interaction,

wishing to develop cooperation between legislative and executive state bodies of the Parties,

recognizing need of harmonization (rapprochement and unification) of national legal systems for the purpose of enhancement of the legal basis of integration interaction,

agreed as follows:

Section I. General provisions

Article 1

The parties establish the uniform (unified) procedure for regulation of legal relationship by means of:

harmonizations of legislations of the Parties;

synchronization of terms of introduction of offers on accomplishment of the interstate procedures necessary for entry into force of the international treaties signed within the Customs union;

organizations of exchange of legal information;

other aspects of legal support provided by this agreement and other contracts between the Parties.

Article 2

The parties create necessary organizational and legal premises for implementation of interaction of the systems of law and cooperation of legislative and executive state bodies of the Parties which content is determined by this agreement.

Section II. Harmonization of national legal systems

Article 3

The parties in work on harmonization (rapprochement, unification) of national legal systems will provide interaction and cooperation of legislative and executive state bodies:

recognizing priority of the conventional principles of international law;

based on provisions of this agreement and Programs of harmonization of national legislative and other normative legal

acts, N _____ approved by the Decision of Interstate Council of October 26, 1999;

proceeding from features of national systems of law.

Article 4

1. The state legislative and executive bodies of the Parties harmonize (pull together, unify) national legislative and other regulatory legal acts by means of:

a) carrying out the approved legislative and rule-making policy, including:

- coordination of national bill plans and plans of development and adoption of bylaws;

- synchronous enforcement harmonized legislative and the bylaws recommended by Council of Heads of Government and Interstate Council;

- modification and amendments (amendments) to national legal systems based on provisions of the signed international treaties;

b) use in lawmaking of the model legal acts adopted by Inter-parliamentary Committee;

c) mutual informing on condition of the legislation, creation of the integrated base of the legislation, statistical and other social and economic information.

2. Coordination of organizational, legal and methodical work on harmonization of national legal systems of the Parties is assigned to Inter-parliamentary Committee and Integration Committee.

Article 5

1. The parties will carry out harmonization (rapprochement, unification) in the following spheres of national legal systems:

civil legislation;

legislation on currency control and currency exchange control;

legislation on foreign economic activity;

legislation on transport activities;

tax legislation;

the legislation in the field of budget regulation;

customs legislation;

legislation on export control;

legislation on business activity;

legislation on commodity market, services, capital and labor power;

legislation on the agrarian sphere;

legislation on education;

legislation on work and labor protection;

legislation on scientific technologies;

the legislation in the field of information exchange and use of mass media;

the legislation on investments and interaction in this sphere;

other spheres of national legal systems.

2. Priority of subjects of harmonization of spheres of the legislation, lists of national legislative and other regulatory legal acts, and also solutions of problematic issues of legal regulation are determined by governing bodies of integration by approval of the Parties.

Article 6

1. The parties will provide joint carrying out the comparative and legal analysis of national legal systems on their compliance to the signed international treaties and decisions of Council of Heads of Government and Interstate Council.

2. Results of carrying out the comparative and legal analysis of national legal systems after approval of the Parties are submitted for consideration of governing bodies of integration then the corresponding recommendations about their harmonization are accepted.

Article 7

In case of discrepancy between regulations of national legal systems of the Parties and provisions of the signed international treaties and decisions of governing bodies of integration which can have an adverse effect on realization of mutually advantageous interests the Parties hold consultations and negotiations with the purpose of elimination of this discrepancy by means of harmonization (rapprochement, unification) national legal systems or change of contents of decisions.

Article 8

Parliaments and the governments of the Parties together with Inter-parliamentary Committee and Integration Committee, according to the competence, will take measures for harmonization (rapprochement, unification) of national legal systems, including introduction:

a) the decisions of Interstate Council establishing single rules which are obligatory in all the parts and are subject to direct application by transformation in national legal systems of the Parties;

b) The legislation bases on branches of law containing the approved beginnings of legal regulation, approved by Interstate Council and, after accomplishment of the corresponding interstate procedures included in national systems of law;

c) the bill and rule-making offers, obligatory, after adoption of the relevant resolution of Interstate Council, regarding the expected result when preserving behind the Parties of liberty of choice of forms and methods of actions;

d) the model legal acts regulating certain spheres of legal relationship within the Agreement on the Customs union and the Common economic space of February 26, 1999;

e) other offers and recommendation about harmonization (rapprochement, unification) of national legal systems of the Parties of governing bodies of integration.

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